Experimentalist governance in the EU: The emperor's new clothes?

Most students of the EU agree by now that it is best described as a governance system. There is far less consensus on what kind of governance the EU actually features: modern, postmodern, network, cooperative, innovative or simply new? Sabel and Zeitlin have advanced yet another concept. This paper discusses the added value of their “experimentalist governance” (EG), as presented in an edited volume published in 2010, for understanding and explaining the nature of EU policymaking, addressing four questions: First, to what extent is EG distinct from existing concepts of governance? Second, how pervasive is EG in the EU when compared to alternative forms of governance? Third, what is the effect of EG on EU policy outcomes, on the one hand, and the overall architecture of the EU, on the other? Finally, does EG solve or exacerbate the EU's democratic deficit?     

Gas at postmortem computed tomography - An evaluation of 73 non-putrefied trauma and non-trauma cases

Postmortem computed tomography (PMCT) has become an important complement in investigating forensic cases allowing an accurate detection of gas accumulations. The present study investigated the presence and distribution of gas in a large number of non-putrefied cases of traumatic and non-traumatic deaths. Furthermore the possibility of pneumobilia secondary to blunt abdominal trauma was studied. Retrospectively, 73 cases, underwent a whole-body PMCT prior to autopsy. These were divided into four groups: penetrating trauma (20 gunshot cases, 13 stabbing cases), blunt abdominal trauma (20 cases) and a control group of 20 non-trauma cases. Exclusion criteria were visible signs of decomposition. Each group was screened for gas accumulations in the vascular system, internal organs, soft tissues and body cavities. Gas accumulations were present in 98% of the trauma cases, compared to 80% of the control group. The most affected structures and/or organs in the trauma group were soft tissues, vessels and the liver. In most cases of the trauma group gas was associated with open injuries and lacerations of vessels. Furthermore, in the gunshot group gas was frequently seen in the intracranial cavity. Pneumobilia occurred in one case of the blunt trauma group; in that control group gas was also seen, but less frequently. Gas accumulation showed a strong association with traumatic events, but even the majority of non-trauma cases showed gas accumulations. Despite the exclusion of cases with visible decomposition signs, a putrefactive origin of gas was assumed in some cases. Gas accumulations are a frequent finding in PMCT with a higher incidence in (open) trauma cases. Even though a differentiation between putrefactive and traumatic gas accumulations is still difficult, knowledge of the circumstance surrounding the case may help identify the origin of gas.     

The Sovereignty Game States Play: (Quasi-)States in the International Order

This article discusses the puzzle of sovereign statehood in the context of state failure and anarchy in Sub-Saharan Africa. In the first section it suggests to analyse sovereignty as a discursive fact in terms of a Wittgensteinian language game. This renders recognition a pivotal element and rejects foundationalist notions of sovereignty. The second section analyses the ‘quasi-statehood narrative’. Whereas this narrative presents sovereignty as a game, it applies two different notions of games concomitantly. This article argues that the notion of quasi-statehood maintains an empirical kernel as the core of ‘real’ sovereign statehood and as such remains within the conventional sovereignty discourse. The epilogue states that such foundationalism is not an innocent analytical move. It shows how language can have far-reaching political impact in terms of legitimation of political actions, and how, ultimately, the conventional discourse drains international relations of its content. This will be illustrated by U.S. position to state failure in their War on Terrorism.     

Justice without judiciary in East Timor

Typical for international state-building interventions, the United Nations Transitional Administration in East Timor relied on a fundamentally western model in its attempt to establish a rule of law. At independence, an official judiciary was trans ferred to Timorese control as part of the new government. However, this institution has proved to be one of the weakest minted during the transitional period, in part because it was placed on top of an entirely different, indigenous system of justice at the grassroots level. The concept of a crime, and means of redress, or a conflict and process of resolution, accepted as legitimate by the local population contradicted the type of judiciary being imported. UNTAET failed to appreciate the resilience of local structures, and therefore did not reconcile the two contrasting systems of justice. International approaches to post-conflict (re)construction of a rule of law have to be re-thought, taking account of indigenous notions of justice in the architecture of a formal judiciary.     

Acts of citizenship as a politics of resistance? Reflections on realizing concrete rights within the Israeli asylum regime

This paper investigates how Eritrean refugees in Israel and civil society organisations who engage with refugee issues contest the exclusionary politics of asylum in Israel. It presents various acts of claims-making initiated by Eritrean refugees themselves or in response to hostility by others, as well as acts inaugurated by Israeli civil society organisations on behalf of or with refugee populations. Drawing on the concept of activist acts of citizenship developed by Engin Isin, the paper subsequently analyses to what degree those acts have redefined aspects of social and political membership for Eritrean refugees in Israel. In a further step, it shows the limitations of such acts in terms of developing a solidaristic refugee-citizen agenda that profoundly challenges hegemonic public discourse and political debate. The paper concludes by arguing that activist acts of citizenship are best studied in relation to the transformative power they may have on the various individuals engaging in them, but not as a strategy for a wider politics of resistance, as ultimately nation state politics continue to determine the actual realisation of concrete rights.     

Small carrots,few sticks: EU good governance promotion in sub-Saharan Africa

The European Union has developed a one-size-fits-all approach to promote good governance reforms in African countries, focusing on strengthening the effectiveness of state institutions while increasingly asking for reforms that also target their democratic quality. Assessing the EU's policies in Angola and Ethiopia reveals, however, that the implementation of this approach is more differential. While the EU has a hard time making the two governments address governance issues, it has been more successful in implementing its policy approach in Ethiopia than in Angola. These differences are largely explained by these countries' different degrees of interdependency with the EU rather than differences in stability and democracy. Unlike Angola, Ethiopia heavily relies on EU development aid, giving the EU greater leverage to push for governance reforms. While conditionality is more effective in making African governments address governance issues, it undermines the legitimacy of the EU's development cooperation, which emphasizes partnership and ownership.     

Evaluation of Postmortem Bacterial Migration Using Culturing and Real‐Time Quantitative PCR

Postmortem bacteriology can be a valuable tool for evaluating deaths due to bacterial infection or for researching the involvement of bacteria in various diseases. In this study, time‐dependent postmortem bacterial migration into liver, mesenteric lymph node, pericardial fluid, portal, and peripheral vein was analyzed in 33 autopsy cases by bacterial culturing and real‐time quantitative polymerase chain reaction (RT‐qPCR). None suffered or died from bacterial infection. According to culturing, pericardial fluid and liver were the most sterile samples up to 5 days postmortem. In these samples, multigrowth and staphylococci were not or rarely detected. RT‐qPCR was more sensitive and showed higher bacterial positivity in all samples. Relative amounts of intestinal bacterial DNA (bifidobacteria, bacteroides, enterobacter, clostridia) increased with time. Sterility of blood samples was low during the studied time periods (1–7 days). The best postmortem microbiological sampling sites were pericardial fluid and liver up to 5 days after death.     

欧洲转型力量的重启:外部欧洲化的极限

本文旨在探讨现有的"欧洲化"方案究竟在何种程度上超越了欧盟边界,扩展至那些在国内制度的效率和民主合法性方面以"恶治"为特征的东部和东南部邻国。这些"欧洲周边国家"既无意愿、亦未必有能力调整自身以适应欧盟的要求,甚至缺乏入盟动力,不愿承担入盟成本。本文探究当将"欧洲化"概念和因果关联机制运用于此类国家时,需要在多大程度上进行进一步限定。笔者认为,只要欧盟不对那些它并不想接纳为成员的国家调整其"接近政策工具箱",就不太可能在其周边施展任何转型力量。欧盟在处理其与西巴尔干半岛国家和土耳其的关系时,已开始悄悄应用"走得更近但不接触"的方案,本文在结论部分将对这一方案的政策内涵做一反思。